ZAKWAN RASHIDI Vs. STATE OF U P

JUDGEMENT

(1.) Earlier petitioner had filed Civil Misc. Writ Petition No. 19950 of 2008 before this Court and this Court on 19. 04. 2008 passed order asking District Magistrate to take decision in the matter. Pursuant thereto decision has been taken on 19. 05. 2008, which is subject matter of challenge in the present writ petition. Contention of the petitioner is that for being appointed as Shiksha Mitra at Primary Vidyalaya Rani Mandi Ward No. 79 Attarsuiya, Allahabad. It is condition precedent that incumbent should be resident of aforesaid ward and here Smt. Asha Srivastava is residence of House No. 1364/1137 Malviya Nagar Allahabad, which is not at all falling in Ward No. 70 as such she cannot be offered appointment. District Magistrate concerned pursuant to directives issued by this Court to take decision, as to whether Smt. Asha Srivastava is residence of Ward No. 79 or not called for report. Said report has been submitted through Sub-Divisional Magistrate, and therein categorically it has been mentioned that residence of Smt. Asha Srivastava falls within Ward No. 79. Once this is factual position which has emerged and even in the Electoral Roll name of husband of Smt. Asha Srivastava has been shown in Ward No. 79, in this background said finding of fact that House No. 1364/1137 Malviya Nagar Allahabad falls within Ward No. 79 cannot be faulted. Petitioner has tried to raise various factual aspect of the matter before this Court by contending that inquiry report which has been provided for same is not at all correct as per Section 32 of Delimitation, as extent of each ward is determined under U. P. Municipal Corporation Act 1959 and Mohall Malviya Nagar is not shown therein. Once Electoral Roll has been prepared and name of husband of respondent no. 7 has been shown in Ward No. 79, same is of the fact that residence of respondent no. 7 falls in Ward No. 79. In this background, plea sought to be raised by petitioner cannot be accepted. Consequently, writ petition as it has been framed and drawn is dismissed. .